Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
1. Standard Deadline: Two-Year Statute of Limitations
Under Ohio Revised Code § 2305.10, you generally have two years from the date you suffer an injury in an accident to file a personal injury lawsuit. See R.C. 2305.10.
2. When the Clock Starts: Date of Accrual and Discovery Rule
The two-year period usually begins on the date you sustain the injury. In cases of delayed discovery—such as latent injuries—you may rely on the discovery rule, which measures the deadline from the date you knew or should have known of the injury and its cause.
3. Special Tolling Rules
- Minors and Incompetents: Ohio Rev. Code § 2305.16 tolls the statute until a minor turns 18 or an incapacitated person regains competency.
- Absent or Concealed Defendants: The statute may pause if the defendant leaves Ohio or hides their identity.
4. Government Claims: Shorter Deadline and Notice Requirement
Claims against state agencies or political subdivisions require a written notice of claim within one year of the injury under Ohio Rev. Code § 2744.04(A). You then have up to two years to file suit. See R.C. 2744.04.
5. Medical Malpractice and Other Exceptions
Medical malpractice actions must generally be filed within one year of the act or omission or the date you discovered—or should have discovered—the injury, but no later than four years after the act. See Ohio Rev. Code § 2305.113.
6. Consequences of Missing the Deadline
Filing after the statute of limitations expires almost always results in dismissal. Courts rarely allow late claims except in narrowly defined situations.
Helpful Hints
- Confirm the accrual date: Identify when the injury occurred and when you discovered it.
- Act promptly: Collect medical records, photographs, and witness statements as soon as possible.
- Consider tolling factors: If you’re under 18 or legally incapacitated, track when the two-year period begins.
- Serve timely notice: For government defendants, file your notice of claim within one year.
- Consult an attorney early: Even a brief consultation can clarify deadlines and exceptions.